Civil Rights and Discrimination Commons^™

I'M So Lonesome I Could Cry ... But Could I Sue?: Whether 'Interacting With Others' Is A Major Life Activity Under The Ada, Bryan P. Stephenson

Pepperdine Law Review

No abstract provided.

Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann

Pepperdine Law Review

No abstract provided.

Toyota Motor Manufacturing V. Williams: A Case Of Carpal Tunnel Syndrome Weakens The Grip Of The Americans With Disabilities Act, Andrea Kloehn Naef

Pepperdine Law Review

No abstract provided.

Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. Sisouvanh

Will Eeoc V. Waffle House, Inc. Signal The Beginning Of The End For Mandatory Arbitration Agreements In The Employment Context? , Marc A. Altenbernt

Pepperdine Dispute Resolution Law Journal

Since the inception of several employment and discrimination statutes, arbitration has grown exponentially as an alternative for the adjudication of employment disputes. The Supreme Court has traditionally held that statutory claims are indeed arbitrable pursuant to a valid arbitration agreement under the Federal Arbitration Act ("FAA"). In an effort to end employment discrimination based on "race, color, religion, sex, or national origin," Congress enacted the Civil Rights Act of 1964 ("Title VII"). In order to adequately effect this calling, the Equal Employment Opportunity Commission ("EEOC") was created as the Act's primary enforcement mechanism. While arbitration agreements under the FAA and …

A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa delivered the Georgetown Law Center’s thirty-second annual Philip A. Hart Lecture: “A Journey from the Heart of Apartheid Darkness towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa.”

Moseneke earned a BA in English and political science, as well as a B Juris degree from University of South Africa and later completed an LLB. Justice Moseneke began his professional career in 1976 as an attorney’s clerk in Pretoria. In 1978 he was admitted and practiced for five years as …

The Long And Winding Road From Monroe To Connick, Sheldon Nahmod

All Faculty Scholarship

In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …

Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi

Northwestern Journal of Law & Social Policy

The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …

Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang

West Virginia Law Review

No abstract provided.

Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan

Chicago-Kent Law Review

Edith Sampson was one of the leading black women lawyers in Chicago for over fifty years. She was admitted to the bar in 1927 and achieved a number of firsts in her career: the first black woman judge in Illinois, the first African American delegate to the United Nations, and the first African American appointed to the North Atlantic Treaty Organization. Sampson was also a pro-democracy, international spokesperson for the U.S. government during the Cold War, a position that earned her scorn from more radical African Americans, contributed to a misinterpretation of her activism, and resulted in her relative obscurity …

The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, 1973–1980, Mary Ziegler

Chicago-Kent Law Review

Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. The polarization narrative on which leading studies rely obscures important actors and arguments that defined the antiabortion movement of the 1970s. First, contrary to what the polarization narrative suggests, self-identified moderates played a significant role in the mainstream antiabortion movement, shaping policies on issues like the treatment of unwed mothers or the Equal Rights Amendment. Working in organizations like Feminists for Life (FFL) or American Citizens …

Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger

Michigan Journal of Race and Law

The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …

Respectable Queerness, Yuvraj Joshi

Faculty Scholarship

No abstract provided.

Is False Imputation Of Being Gay, Lesbian, Or Bisexual Still Defamatory? The Arkansas Case, Jay Barth

University of Arkansas at Little Rock Law Review

Falsely identifying someone as lesbian, gay, or bisexual (LGB) has historically been defamation per se in American courts. In modern times, however, courts have become conflicted as to whether a false imputation of a person as LGB is defamatory. Accordingly, this article examines the roots of defamation law as it relates to sexual minorities, and then examines questions regarding the defamatory status of false identification of another as LGB, whether community or national standards should drive such a determination, and finally, to what degree is any legal recognition of harm to reputation for being LBG a perpetuation of the status …

"Don't Ask, Don't Tell," The Supreme Court, And Lawrence The "Laggard", Audrey K. Hagedorn

Indiana Law Journal

No abstract provided.

Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black

Faculty Publications

No abstract provided.

Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar

Osgoode Hall Law Journal

How does neo-liberalism change the way we understand rights, law, and justice? With postcolonial and post-liberalization India as its focal point, this article attempts to disrupt the linear, progressive equation that holds that more laws equals more rights equals more justice. This is an equation that has informed and been informed by fundamental rights jurisprudence and law reform, the enactment of legislation to guarantee socio-economic rights, and many of the strategies of social movement activism in contemporary India. This article argues that while these developments have indeed proliferated a public culture of rights, they have simultaneously been accompanied by the …

Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea

Michigan Law Review

Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …

Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard

All Faculty Scholarship

The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …

Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang

Fred T. Korematsu Center for Law and Equality

Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court